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N0KFQ > TODAY 13.06.13 16:35l 51 Lines 2223 Bytes #999 (0) @ WW
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Subj: Today in History - Jun 13
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Sent: 130613/1355Z 242@KB0WSA.MO.USA.NA BPQK1.4.55
.
Jun 13, 1966:
The Miranda rights are established
On this day in 1966, the Supreme Court hands down its decision in
Miranda v. Arizona, establishing the principle that all criminal
suspects must be advised of their rights before interrogation.
Now considered standard police procedure, "You have the right to
remain silent. Anything you say can, and will, be used against
you in court of law. You have the right to an attorney. If you
cannot afford one, one will be appointed to you," has been heard
so many times in television and film dramas that it has become
almost cliche.
The roots of the Miranda decision go back to March 2, 1963, when
an 18-year-old Phoenix woman told police that she had been
abducted, driven to the desert and raped. Detectives questioning
her story gave her a polygraph test, but the results were
inconclusive. However, tracking the license plate number of a car
that resembled that of her attacker's brought police to Ernesto
Miranda, who had a prior record as a peeping tom. Although the
victim did not identify Miranda in a line-up, he was brought into
police custody and interrogated. What happened next is disputed,
but officers left the interrogation with a confession that
Miranda later recanted, unaware that he didn't have to say
anything at all.
The confession was extremely brief and differed in certain
respects from the victim's account of the crime. However,
Miranda's appointed defense attorney (who was paid a grand total
of $100) didn't call any witnesses at the ensuing trial, and
Miranda was convicted. While Miranda was in Arizona state prison,
the American Civil Liberties Union took up his appeal, claiming
that the confession was false and coerced.
The Supreme Court overturned his conviction, but Miranda was
retried and convicted in October 1966 anyway, despite the
relative lack of evidence against him. Remaining in prison until
1972, Ernesto Miranda was later stabbed to death in the men's
room of a bar after a poker game in January 1976.
As a result of the case against Miranda, each and every person
must now be informed of his or her rights when arrested.
73, K.O. n0kfq
N0KFQ @ KB0WSA.MO.USA.NA
E-mail: kohiggs@gmail.com
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